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US Supreme Court

A Victory for Cleaner Fuels

July 8, 2014 by NRDC Switchboard
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On June 30, 2014, the last day of the term, the United States Supreme Court declined to hear the oil companies' and ethanol manufacturers' appeals in the California low carbon fuel standard case. This is a step forward in California's fight to clean up motor vehicle fuel sold in the state.[read more]

U.S. Supreme Court Narrows Greenhouse Gas Rules: What It Means for the U.S. Climate Agenda

June 25, 2014 by James Coleman

​In their recent ruling Utility Air Regulatory Group v. EPA, the Supreme Court struck down a portion of the United States’ first regulations for greenhouse gas emissions from industrial sources. This is the first Supreme Court decision on EPA’s authority to regulate greenhouse gases from industrial sources.[read more]

EPA Proposes New Power Plant Emissions Standards

June 8, 2014 by Tom Schueneman

EPA Plant Standards

In the 2007 case Massachusetts v. EPA, the Supreme Court ruled that the EPA had authority and obligation to regulate greenhouse gas emissions from vehicles. The decision also required the EPA to regulate these gasses unless it could provide a specific scientific basis for refusing such action.[read more]

What Will the Supreme Court's Latest Climate-Change Case Mean?

May 19, 2014 by David Doniger

The Supreme Court will soon decide its third case on climate-changing carbon pollution in the last seven years. The earlier cases clearly established the Environmental Protection Agency’s authority to set standards under the Clean Air Act to curb carbon pollution from both vehicles and factories.[read more]

The Supreme Court's Air Pollution Decision Is Wrong, But Don't Blame The Court

May 2, 2014 by Brian H. Potts
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The Obama administration’s war on coal scored a big win in the U.S. Supreme Court on Tuesday. Six of the Court’s nine justices went out of their way to uphold the U.S. Environmental Protection Agency’s far-reaching Cross-State Air Pollution Rule.[read more]

Oral Argument Hints that Supreme Court May Trim Back US Industrial Source Greenhouse Gas Regulations

February 26, 2014 by James Coleman
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On Monday, February 24, the Supreme Court heard oral argument in Utility Air Regulatory Group v. Environmental Protection Agency (EPA), in which petitioners challenged the EPA’s “Prevention of Significant Deterioration” (“PSD”) regulations for stationary industrial sources of greenhouse gases.[read more]

Carbon Pollution Standards and Permits: What's the Difference?

October 21, 2013 by NRDC Switchboard

A lot of people were confused by the Supreme Court’s decision to review one narrow aspect of EPA’s carbon pollution regulations. Some reporters got it right, but others got mixed up by the spin and swirl of certain Washington lawyers on the losing side.[read more]

Supreme Court Rejects Challenges to Climate Science and EPA Carbon Pollution Standards

October 17, 2013 by David Doniger

The Supreme Court recently rejected last-ditch efforts by industry and conservative states to block the EPA from setting standards to curb the carbon pollution that drives dangerous climate change. The Court’s ruling partially clears the way for EPA to issue pollution standards.[read more]

Does The Supreme Court's Health Care Decision Augur a Rollback of Environmental Laws?

July 18, 2012 by Eric Christensen

y3s0rn0/Shutterstock

Since last month's landmark U.S. Supreme Court ruling upholding the Affordable Care Act's ("ACA") individual health insurance mandate (National Federation of Independent Business v. Sebelius), the legal blogosphere has been atwitter with speculation that the ruling portends a significant rollback of environmental laws. We believe this...[read more]

Supreme Court Doubles Down on EPA and Clean Air Act

June 23, 2011 by Steve Seidel

In a unanimous (8-0) decision, the U.S. Supreme Court ruled in AEP v Conn that the state and land trust plaintiffs could not invoke a federal common law public nuisance claim against the five largest electric power companies.  The plaintiffs in the case were seeking controls on the carbon dioxide emissions from the utilities’ power...[read more]

2011: The Year of Regulation?

January 3, 2011 by Geoffrey Styles
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Some new years seem newer than others, bringing major changes rather than just the turning of a calendar page. 2011 is shaping up that way, with a return to divided government in the US and the beginning of national greenhouse gas regulation by the EPA based on that agency's interpretation of the Clean Air Act, rather than as a result of...[read more]